MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL

HILL, NORTH CAROLINA, MONDAY, OCTOBER 24, 1994 AT 7:30 P.M.

 

Mayor Broun called the meeting to order.Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pav„o, Barbara Powell, Jim Protzman and Rosemary Waldorf.Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

††††††††††††††††††††† Item 1Ceremonies

 

Mayor Broun presented an honorary resolution of appreciation to Town resident and 1994 Nobel Laureate in Medicine Dr. Martin Rodbell.Dr. Rodbell accepted the resolution with gratitude.

 

Appearance Commission Member Diane Bachman thanked Council Member Brown for serving as the Council's liaison to the Commission.She also thanked Planning staff members Dave Roesler and Kay Tapp for their consistently professional staff support of the Commission.Ms. Bachman introduced Commission Member Joan Page to present the Community Appearance Awards.Ms. Page recognized the following panel of award judges:Roland Giduz, Joel Harper, Mary Morrow, Weezie Oldenburg and David Swanson.Ms. Page presented Community Appearance Awards to the following:the Pringle House, Owen's 15-501 Diner, North Carolina Botanical Garden, Orange Grove United Methodist Church, The Intimate Bookshop, the Weiden Garden, the Glen Lennox Apartments, and the Bicentennial Committee's Post Office Mural and Entranceway marker projects.Commendations of merit were also presented to the Chapel Hill Mortgage Company, Town employee Bunny Spadaro for her gardens at the Town Hall, Hardee's restaurant on U.S. 15-501, Creative Metalsmiths and Salon 135.On behalf of the Commission, Ms. Page congratulated all entrants and winners.

 

†††††††††††††††††††††† Item 3Petitions

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER A PETITION FROM THE KNOLLS DEVELOPMENT ASSOCIATION TO THE MANAGER.THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Stating that unfunded national mandates contributed to local tax rate burdens, Council Member Brown requested that the Manager draft a resolution for future Council consideration.Mayor Broun noted that there appeared to be agreement by consensus on this matter.

 

Council Member Brown inquired about the effective date of the Council's new meeting starting time.Town Clerk Peter Richardson said that the Council had recently adopted a resolution whereby Council meetings would begin at 7:00 p.m., rather than 7:30 p.m., beginning with the November 14th regular meeting.

 

 

 

†††††††††† Item 4Board and Commission Appointments

 

Council Member Waldorf noted that the Mayor's Screening Committee had a very difficult job in recommending appointees to the proposed panel, given the large number of quality applicants for the vacancies.She reported that the panel met three times to discuss the attributes of individual applicants and to briefly interview some of the candidates.Council Member Waldorf said the Committee recommended that the proposed group be named the UNC/Chapel Hill Planning Panel.She also noted that three of the thirteen suggested citizen appointees had University affiliations.Noting that Orange County and the Town of Carrboro had both expressed interest in sending liaisons to the panel's meetings, Council Member Waldorf said the Committee suggested that the panel have fifteen members, including two Council Members.

 

Thanking all persons who had applied for the Panel, Council Member Waldorf briefly reviewed the Committee's recommendations and gave a thumbnail sketch of each applicant.She expressed hope that all interested parties would attend the Panel's meetings to make suggestions and express their concerns.

 

Stating that the review process had been somewhat hurried, Council Member Chilton suggested that the Council consider deferring appointments to the Panel until the November 14th meeting.He inquired about the date of the University's first proposed meeting with its land-use consultant.Mr. Horton said this meeting was slated for November 3rd.Council Member Chilton suggested that all applicants might be invited to the November 3rd meeting to listen to the consultant's report, with the Council making appointments in the future.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO TABLE APPOINTMENT CONSIDERATION UNTIL NOVEMBER 14TH.THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, CHILTON AND POWELL VOTING IN THE AFFIRMATIVE.

 

Council Member Brown said she appreciated the Committee's work and knew that it was never easy to make decisions of this type.She said the Council needed to discuss the size of the proposed panel and the need to balance the interests of the Horace Williams and Mason Farm tracts and the community as a whole.Council Member Brown suggested that the Council increase citizen participation by appointing two additional citizen members, rather than appointing two Council Members as suggested by the Mayor's Screening Committee.

 

COUNCIL MEMBER PAV√O MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO APPOINT CITIZENS AND TWO COUNCIL MEMBERS TO THE PROPOSED PANEL.

 

Council Member Capowski noted that the Committee was recommending the appointment of seven panel members primarily interested in the Horace Williams tract while only two members had ties to the Mason Farm tract.He suggested that attention be given to placing greater emphasis on the Mason Farm tract.

 

Council Member Protzman said he was quite impressed by the Committee's work and could not imagine a more competent group to handle this task.Noting that a committee of thirteen citizens and two Council Members was proposed, he suggested that the Council could grant the panel authority to expand its membership, if necessary.He suggested that the Council move ahead with appointing the proposed panel.

 

Council Member Pav„o expressed his concurrence with Council Member Protzman's remarks.He expressed hope that all applicants and other interested citizens would make themselves available to the panel as community resources.Council Member Pav„o said he favored appointing the panel this evening.

 

Noting that he favored establishment of a panel of up to nineteen members, including Council Members, Council Member Chilton said it was quite likely that some members would not or could not attend some of the planned meetings.He suggested that the Council consider appointing fifteen citizen members to the panel, rather than thirteen citizens and two Council Members.

 

Noting that Carrboro and Orange County residents and other interested persons would likely attend and participate in the panel's meetings, Mayor Broun said he favored having thirteen citizens on the panel.

 

Council Member Waldorf said regardless of the number of panel members, she did not want to appoint persons who would not attend the meetings.She stated that members who encountered attendance problems should resign immediately and allow someone else be appointed by the Council.

 

COUNCIL MEMBER CHILTON MOVED A FRIENDLY AMENDMENT, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO APPOINT THREE COUNCIL MEMBERS TO THE UNC/CHAPEL HILL PLANNING PANEL.

 

Stating that a primary function of the panel was to advise the University, Council Member Capowski said it was reasonable to appoint more than two Council Members to the panel.Mayor Broun said the panel's charge was to advise the Council, not the University.

 

Noting the great importance of the panel protecting the community's interests, Council Member Brown said although she was opposed to limiting the committee to thirteen citizen members, she favored having three Council Members on the committee.

 

Council Member Pav„o said the Council was selecting representatives to be its eyes and ears relative to the University's proposed future land-use plans.

 

THE MOTION TO AMEND THE MAIN MOTION WAS APPROVED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, CHILTON, POWELL AND WALDORF VOTING AFFIRMATIVELY.

 

THE PRIMARY MOTION, TO APPOINT A PANEL OF THIRTEEN CITIZEN MEMBERS AND THREE COUNCIL MEMBERS WAS APPROVED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS EVANS, PAV√O, PROTZMAN, POWELL, WALDORF AND MAYOR BROUN VOTING AYE.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT COUNCIL MEMBERS CAPOWSKI, PAV√O AND WALDORF AS MEMBERS OF THE PROPOSED PANEL.THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Chilton suggested having Council Member Waldorf serve as the panel's chairperson.Noting Council Member Waldorf's considerable abilities, Council Member Brown said she nonetheless felt that the Panel's chair should be selected by all of the Panel members.She suggested that Council Member Waldorf could serve as the Committee's convener.Council Member Chilton said he would be pleased to have Council Member Waldorf said as the Panel's convener.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, FOR COUNCIL MEMBER WALDORF TO SERVE AS THE COMMITTEE'S CONVENER, RATHER THAN CHAIRPERSON.THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS BROWN, CAPOWSKI AND CHILTON VOTING AFFIRMATIVELY.

 

Mayor Broun said he felt the Panel should be chaired by a Council Member.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAV√O, TO HAVE COUNCIL MEMBER WALDORF SERVE AS THE PANEL'S CHAIRPERSON.

 

Council Member Brown said she was only voting against the proposal because she it would be more appropriate for the panel to select its own chairperson.

 

THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING NO.

 

THE COUNCIL APPOINTED THE FOLLOWING MEMBERS TO THE PANEL (PERSONS RECEIVING FIVE VOTES OR MORE):

 

9 Votes Each

 

Flicka Bateman

Larry Reid

 

 

8 Votes Each

 

John Bell†††† (Broun, Brown, Chilton, Evans, Pav„o,

††††††††† †† †††Powell, Protzman, Waldorf)

Nancy Gabriel††† (Broun, Capowski, Chilton, Evans, Pav„o,

††††††††††††† †† Powell, Protzman, Waldorf)

Scott Radway†††† (Broun, Brown, Chilton, Evans, Pav„o,

††††††††††††† †† Powell, Protzman, Waldorf)

Alan Rimer††† (Broun, Capowski, Chilton, Evans, Pav„o,

††††††††††††† †† Powell, Protzman, Waldorf)

Pearson Stewart(Broun, Capowski, Chilton, Evans, Pav„o,

††††††††††††† †† Powell, Protzman, Waldorf)

James Ward††† (Broun, Brown, Capowski, Evans, Pav„o,

††††††††††††† †† Powell, Protzman, Waldorf)

Rachel Willis (Broun, Brown, Chilton, Evans, Pav„o,

††††††††††††† †† Powell, Protzman, Waldorf)

 

7 Votes Each

 

Alice Ingram†††† (Broun, Capowski, Evans, Pav„o, Powell,

††††††††††††† ††††† Protzman, Waldorf)

Donald Weisenstein(Broun, Capowski, Evans, Pav„o, Powell,

†††††††††††††††††† Protzman, Waldorf)

 

6 Votes Each

 

Josh Gurlitz†† (Broun, Evans, Pav„o, Powell, Protzman, Waldorf)

Bob Woodruff†† (Broun, Evans, Pav„o, Powell, Protzman, Waldorf)

 

OTHER PERSONS RECEIVING VOTES WERE:

 

Diane Bloom†† †††† 3 votes(Brown, Capowski, Chilton)

Mark Broadwell†††† 2 votes(Brown, Capowski)

Dan Coleman††††††† 2 votes(Brown, Chilton)

Tom Gunn†††††††††† 2 votes(Brown, Chilton)

Mary Reeb††††††††† 2 votes(Brown, Capowski)

Bill Strom†††††††† 2 votes(Brown, Chilton)

Sally Vilas††††††† 1 vote†† (Capowski)

Julie Andresen†††† 1 vote†† (Chilton)

 

ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

Council Member Chilton said although all four applicants for the Board of Adjustment were well-qualified, he urged the Council to give strong consideration to Sally Massengale as its appointee.

 

SALLY MASSENGALE RECEIVED SIX VOTES AND WAS APPOINTED TO THE BOARD OF ADJUSTMENT.WESLEY EGAN, SR. RECEIVED TWO VOTES (BROUN AND PAV√O) AND HENRY LISTER RECEIVED ONE VOTE (CAPOWSKI).ORIGINAL BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

 

 

†††††††† Item 5Rezoning of Horace Williams Property

 

Planning Director Roger Waldon presented an overview of the ordinances and resolutions before the Council this evening.Council Member Capowski inquired whether the location of the proposed 28,000 square foot facility had been determined.Mr. Waldon pointed out the proposed building location.Council Member Capowski asked whether it was correct that additional non-conformities would only occur if a building burned down or some other type of catastrophe took place.Mr. Waldon stated that non-conformities could also come into play relative to additions to existing buildings on the site.Council Member Capowski asked whether a new zoning district could handle existing building situations.Mr. Waldon said he thought so.

 

Council Member Protzman inquired whether staff could think of a rough visual comparison for the proposed 28,000 square foot building.Mr. Horton said a similarly-sized building was the University's electrical distribution center.

 

Fred Stange, a resident of Barclay Road, said his neighborhood was a very diverse one.Mr. Stange expressed concern about the appearance and location of the proposed University buildings on the Horace Williams tract.Mr. Stange also said he was concerned about how the University would dispose of materials from the proposed print shop.He requested that the Council consider more restrictive zoning for the area south of Airport Drive including the site of the proposed new building.

 

James McEnery said he was pleased to see that Council Member Chilton and Council Member Brown were in favor of making decisions about rezoning of the University's land.He also said it would be very prudent to protect citizen interests by rezoning the property.Mr. McEnery expressed concern that the local State representatives and Senators were not fully supportive of efforts to increase fire protection funding for the University and UNC Hospitals.

 

Bob Reda, representing the Alliance of Neighborhoods, said Council Member Powell had brought up a good question two weeks ago, "why not rezone the property?"He urged the Council to take actions which would protect neighborhoods.Mr. Reda stated that the Alliance of Neighborhoods favored the adoption of Ordinance A.

He also expressed disappointment that the Council had not chosen to appoint a larger planning panel earlier in the evening.

 

Julie Andresen, Vice-Chairperson of the Alliance of Neighborhoods and Chairperson of the OWASA Board, said she had wished for more neighborhood representation on the planning panel.She offered the OWASA Board's full cooperation in assessing impacts of the University's development proposal on the two tracts.Ms. Andresen said OI-3 was not a good zone since it did not permit public review of proposals.She also asked the Council to remember that the University was proposing to locate a print shop next to an existing neighborhood.Ms. Andresen suggested that the Council incorporate the goals outlined in Resolution B into Resolution A.

 

Mark Nicholas, a resident of Severin Road, said he concurred with Mr. Stange's earlier remarks.Mr. Nicholas also said he favored adoption of more restrictive zoning in the area to protect surrounding neighborhoods.Mr. Nicholas stated that it would be a good idea for the University to build a playground or interpretive nature trail in the area south of Airport Drive.

 

Mayor Broun noted that there were no other comments from citizens.

 

Noting that Resolution A called a hearing to be held at a date and time to be determined, Council Member Protzman inquired about restrictions on the rezoning application if the University did not make any development submittals in the interim 18-month period.Mr. Karpinos reviewed the situation under various development scenarios.He added that Resolution A would call a hearing on a new zoning category.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1A.

 

Council Member Chilton said he was concerned that Resolution A proposed that only the Manager and Planning Board would develop language for the proposed new zoning district.He suggested that the Council consider delaying action on the matter this evening.Stating that the two resolutions had a lot in common, Council Member Chilton said they might be combined.Council Member Brown said she thought this was a good idea, if Council Member Waldorf were willing to do so.Council Member Waldorf asked whether Council Member Chilton was suggesting that the Council not act on the matter this evening.Council Member Chilton said he was only proposing this relative to the proposed resolutions.

 

Council Member Waldorf said timing was a very critical component in Resolution A.Council Member Brown said she would be very gladto specify going forward with information gathering at the beginning of the process.Council Member Brown stated that she saw the two resolutions as complementary.

 

Council Member Capowski suggested that the Council needed to have a new zoning district in place before the University formally applied for rezoning of the two tracts.

 

Council Member Brown said concerned citizens and neighborhood residents deserved to know how the Council felt about the proposed rezoning ordinances.

 

Mayor Broun said he generally sensed that the Council favored combining resolutions a and b for consideration at a future Council meeting.

 

Noting that Resolution A was on the floor, Council Member Protzman said both fact-finding and timeliness were essential.He suggested that the Council consider adopting Resolution A, with the goals of Resolution B incorporated therein.Council Member Protzman said he was willing to withdraw his earlier motion with the clear understanding that if it were not possible to merge the two resolutions and move forward with velocity, he would feel that this effort was unsuccessful.

 

Council Member Waldorf asked why the Council should not pass the amended resolution as suggested by Council Member Protzman.Council Member Brown emphasized the need for a clear process.Council Member Chilton said a clear process and outline were both critical items.Mayor Broun concurred, adding the importance of drafting good compromise language in the proposed resolution.

 

Council Member Protzman said he believed that Chancellor's recent letter to the Town would have the effect the Council was looking for regarding the safeguarding of land south of Estes Drive.

 

THE MOTIONER AND SECONDER AGREED TO WITHDRAW THE MOTION ON THE FLOOR.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAV√O, TO TABLE THE MATTER TO THE NOVEMBER 14TH COUNCIL MEETING, TABLING THE PROPOSED ORDINANCES AND FINDING A RESOLUTION WHICH WOULD ADDRESS THE COUNCIL'S DESIRE FOR LAND-USE SAFEGUARDS.THE MOTION WAS APPROVED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, CHILTON AND POWELL VOTING NO.

 

††† Item 6Draft Transportation Projects Priority Listing

 

Mr. Waldon said staff recommended several changes in sidewalk priorities based on prior Council direction.He also stated that staff recommended Resolution 2, with the priorities being forwarded to the Transportation Advisory Committee.

 

Council Member Brown inquired about feasibility studies for the South Columbia Street project.Mr. Horton said the Council could outline whether it wished to have a feasibility study for South Columbia Street in the future, concerning what type of road, if any, should be studied by the North Carolina Department of Transportation.

 

Council Member Evans asked whether the widening of the Morgan Creek bridge was still on the regional project listing.Mr. Horton said funds for this project had been set aside.Council Member Capowski thanked the staff for a proposed bicycle access greenway trail along an existing railway corridor.He suggested that item number 9, sidewalks for Pittsboro Street, be moved up to priority number three. Mayor Broun inquired about the staff's opinion on the matter.Mr. Horton stated that the priority list could be adjusted as desired by the Council.Noting that there were other important priority items on the list which individuals might want, Council Member Powell said she would vote against the proposed amendment.Mayor Broun said he shared Council Member Powell's opinion in this matter.


 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO SHIFT SIDEWALK PRIORITY NUMBER NINE TO NUMBER THREE ON THE LISTING.THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS CAPOWSKI, CHILTON AND WALDORF VOTING AYE.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 2.THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING TRANSPORTATION PRIORITIES TO BE SUBMITTED TO THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE FOR INCLUSION IN THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION IMPROVEMENT PROGRAM (94-10-24/R-2)

 

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

 

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee will prepare a Regional Transportation Priority List and Local Transportation Improvement Program that identifies funding priorities for transportation projects; and

 

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town's transportation goals;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached 1996-2002 Transportation Project Priority List.

 

BE IT FURTHER RESOLVED that the Town of Chapel Hill continues to support those local projects previously identified for funding in the Local Transportation Improvement Program.

 

BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to transmit these adopted priorities to the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee and the North Carolina Department of Transportation for their consideration in preparing the State and Local Transportation Improvement Programs.

 

This the 24th day of October, 1994.

 

 


††††† Item 7Resource Conservation District Regulations

 

Mr. Waldon briefly reviewed the staff's memorandum, noting that adoption of Ordinance A with a proposed amendment at the Council's places this evening and Resolution A were recommended to the Council.

 

Noting the importance of protecting the health and safety of all citizens, Council Member Brown asked the staff to discuss the ordinance's proposed flexibility aspects.She also requested additional information about maps of the Town's resource conservation districts.Mr. Waldon noted that the Council could examine the entire Resource Conservation District if it elected to do so by adopting Resolution 3.He also stated that staff recommended that the Council request that the Federal Emergency Management Agency (FEMA) conduct an updated flood plain study of the Town.Mr. Waldon said this would be an expensive and large undertaking.Mr. Horton noted that FEMA had recently completed a similar resurveying in Durham recently.

 

Council Member Protzman suggested that the Council act on Ordinance 2 this evening as a tactical solution to address the concerns of business owners.Noting the Council's existing heavy work load, Council Member Protzman said he tended to agree with the Manager that the larger issue of the Resource Conservation District in general should not be taken up by the Council in the near future.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 2.

 

Council Member Capowski emphasized the importance of permitting viable businesses to rebuild in the Resource Conservation District and permitting building of reasonable structures in RCD zones such as the University Mall parking lot.

 

Council Member Chilton said although he was not sure the best solution was being offered, he thought the staff's recommendation was a good one.Council Member Brown concurred.Mayor Broun inquired whether Council Member Protzman was suggesting adoption of Ordinance 2 with the amendment suggested by staff.Council Member Protzman said yes.

 

ORDINANCE 2, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE RESOURCE CONSERVATION DISTRICT REGULATIONS (94-10-14/O-2)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance adjusting the Resource Conservation District provisions, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED as follows:

 

†††††††††††††††††††††††††† SECTION I

 

AMEND Subsection 5.4.3 of the Chapel Hill Development Ordinance to read as follows:

 

5.4.3†††† Exemptions for Application of the Resource Conservation District Ordinance to the Expansion, Reconstruction, Rehabilitation, or Renovation of Development Existing on March 19, 1984 Outside of the Regulatory Floodplain.

 

††††††††† a)†† This Article shall not apply to reconstruction, rehabilitation, or renovation of any development (outside of the regulatory floodplain) existing, or for which construction had substantially begun, on or before March 19, 1984.With respect to the requirements of this Article, such development shall not be considered as nonconforming within the meaning of Article 22 of this Chapter.

 

††††††††† a)†† Within the part of the Resource Conservation District (outside of the regulatory floodplain), the expansion, reconstruction, rehabilitation, or renovation of a development existing, or for which construction had substantially begun, on or before March 19, 1984, is prohibited unless:

 

††††††††††††† 1)†† the expansion, reconstruction, rehabilitation, or renovation is permitted by Section 5.5 and meets the design standards of Section 5.6; or

 

††††††††††††† 2)†† the expansion, reconstruction, rehabilitation, or renovation is permitted by a variance authorized by this Article and approved by the Board of Adjustment;

 

††††††††† b)†† Provided however, outside of the regulatory floodplain:

 

††††††††††††† 1)†† that the provisions of this Article shall not prohibit the expansion, reconstruction, rehabilitation, or renovation of any single-family or two-family dwelling, or single dwelling unit within a townhouse development existing, or for which construction had substantially begun, on or before March 19, 1984.With respect to the requirements of this Article, the dwelling or dwelling unit, as expanded, reconstructed, rehabilitated, or renovated, shall not be considered as nonconforming within the meaning of Article 22 of this Chapter;

 

††††††††††††† 2)†† that the provisions of this Article shall not prohibit the reconstruction, rehabilitation, or renovation of a development on a single zoning lot to the extent of 50% or less of its assessed taxable value on February 11, 1985.The exemption provided under this subsection shall not apply in cases where a development has been reconstructed, rehabilitated, or renovated one or more times since February 11, 1985, and where the past and proposed reconstructions, rehabilitations, and/or renovations would increase the development's assessed taxable value by a total of more than 50% of its assessed taxable value on February 11, 1985 and;

 

††††††††††††† 3)†† that the provisions of this Article shall not prohibit the expansion of a development on a single zoning lot to the extent of 10% or less of its footprint existing on February 11, 1985.The exemption provided under this subsection shall not apply in cases where a development has been expanded one or more times since February 11, 1985, and where the past and proposed expansions would increase the development's footprint by a total of more than 10% of its footprint on February 11, 1985.

†††††††††††††

††††††††† b)†† Within the part of the Resource Conservation District that is outside of the regulatory floodplain, expansion of development is allowed only under the following circumstances:

 

††††††††††††† 1)†† With respect to the requirements of this Article any single family or two-family dwelling or single dwelling unit within a townhouse development may be expanded. With respect to the requirements of this Article, the dwelling or dwelling unit as expanded pursuant to this subsection shall not be considered as nonconforming within the meaning of Article 22;

 

††††††††††††† 2)†† With respect to the requirements of this Article, development, other than single-family or two-family dwellings or single dwelling units within a townhouse development, on any single zoning lot may be expanded to the extent of ten percent (10%) or less of its footprint as it existed on February 11, 1985; however, this exemption shall not apply in cases where a development has been expanded one or more times since February 11, 1985, and where the past and proposed expansions, considered together, would increase the development's footprint by a total of more than ten percent (10%) of its footprint as it existed on February 11, 1985. With respect to the requirements of this Article, such development as expanded pursuant to this subsection shall not be considered as nonconforming within the meaning of Article 22.

 

††††††††††††††††††††††††† SECTION II

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 24th day of October, 1994.

 

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL., TO ADOPT RESOLUTION 2.1.THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

A RESOLUTION REQUESTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO CONDUCT A NEW FLOODPLAIN STUDY OF CHAPEL HILL

(94-10-24/R-2.1)

 

WHEREAS, a floodplain study of Chapel Hill was conducted by the Federal Emergency Management Agency in the 1970's; and

 

WHEREAS, the Town has since experienced two decades of rapid growth, with a significant increase of impervious surface over that time period; and

 

WHEREAS, a change in the regulatory floodplain elevation is likely to have occurred since the original floodplain mapping; and

 

WHEREAS, in some locations the Resource Conservation District boundary is measured in relation to the regulatory floodplain elevation,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Federal Emergency Management Agency to conduct a new floodplain study of the Town and provide updated floodplain maps; and directs the Town Manager to send this resolution to the Federal Emergency Management Agency.

 

This the 24th day of October, 1994.

 

Mayor Broun noted that there was no motion to adopt resolution 3.

 

†††††† Item 8Interim Report by Museum Study Committee

 

Council Member Pav„o said the Committee was making good progress.He added that the Committee might come back to the Council in the future to request a modification of its charge.

 

Committee Chairperson Lee Corum said the Committee had held eight meetings to date.He noted that the Committee had contacted other community museums throughout the State to find out how they were funded and managed.Mr. Corum said the Committee was placing an emphasis on making the library building viable as a museum in the future, hiring a private consultant to identify public and private resources and investigating the viability of raising funds to make the museum self-supporting.He also said the Committee would come back to the Council requesting that its charge be broadened to allow the Committee to communicate with various possible public and private funding sources.Mr. Corum stated that the Committee members were very enthusiastic and looking forward to continued service on the Committee.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAV√O, TO RECEIVE THE COMMITTEE'S REPORT AND REFER ITS RECOMMENDATIONS TO STAFF FOR A FOLLOW-UP REPORT.THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

††††††††††† Item 9Shaping Orange County's Future

 

Mr. Horton said there was a consensus proposal before the Council this evening.He noted that staff had consulted with the managers of other communities as instructed by the Assembly of Governments.

Council Member Waldorf said it was a little unclear when the group could start working.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAV√O, TO ADOPT RESOLUTION 4, WITH TWO APPOINTMENTS TO BE MADE AT THE NOVEMBER 14TH COUNCIL MEETING.THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ENDORSING START-UP OF A "SHAPING ORANGE COUNTY'S FUTURE" INITIATIVE (94-10-24/R-4)

 

WHEREAS, the governing boards of Orange County and the Towns of Chapel Hill, Carrboro, Hillsborough have met to discuss a process for coordinating planning efforts; and

 


WHEREAS, a "Consensus Proposal" has been developed, describing a process for achieving such coordinated planning; and

 

WHEREAS, the Council of the Town of Chapel Hill finds the proposed process to be a desirable initiative to undertake;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill endorses the process described in the attached "Summary of Consensus Proposal."

 

BE IT FURTHER RESOLVED that the Council endorses creation of a Steering Committee as described in the Consensus Proposal, and expresses its intent to appoint two members of the Chapel Hill Town Council to serve on this Committee.

 

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to meet with his counterparts from Carrboro, Hillsborough, and Orange County to prepare a joint proposal on how to proceed, including designation of a lead entity, project budget, and schedule.

 

This the 24th day of October, 1994.

 

††††††††††††††††††† Item 10Consent Agenda

 

COUNCIL MEMBER PAV√O MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION, THE CONSENT AGENDA, AS PRESENTED.THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS & ORDINANCES (94-10-24/R-5)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:

 

††††††††† a.†† Minutes of September 19 and 21.

††††††††† b.†† Disposition of surplus property (R-6).

††††††††† c.†† Lease agreement for former library building (R-7).

††††††††† d.†† Scheduling follow-up work session on Town services (R-8).

††††††††† e.†† Proposed change in OWASA policy concerning provision of water and sewer service in the University Lake watershed (R-9).

††††††††† f.†† Deleted.

††††††††† g.†† Allocation of financial support for Cultural Arts Group's Fall 1994 Planning Workshop (R-11).

††††††††† h.†† Transfer of State economic development funds to Triangle J Council of Governments (R-12).

††††††††† i.†† Downtown trolley marketing plan (R-13).

 

This the 24th day of October, 1994.

 


A RESOLUTION DECLARING 103 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS

(94-10-24/R-6)

 

WHEREAS, Article 12 of N. C. General Statutes 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

 

WHEREAS, the Town desires to dispose of certain items of personalproperty;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill;

 

1.†† That the following items of personal property are hereby declared surplus:

 

QUANTITY††††††††††††††† ITEM

 

(1)††††††††††††††† 1984 Chevrolet C-20 3/4 Ton Truck

(1)††††††††††††††† 1991 Chevrolet Caprice 4S

(1)††††††††††††††† 1986 Ford Crown Victoria 4S

(1)††††††††††††††† 1985 Chevrolet C-20 Truck

(1)††††††††††††††† 1987 GMC 7000 Rear-Loader Garbage Truck

(1)††††††††††††††† 1988 Ford F-350 1-Ton Truck

(1)††††††††††††††† 1984 GMC Brigader Rear-Loader Garbage\Tk

(1)††††††††††††††† 1983 Ford Ranger Pick-Up Truck

(1)††††††††††††††† 1969 Chevrolet C-200 4-Wheel Drive

(1)††††††††††††††† 1986 Ford Ranger Pick-Up Truck

(1)††††††††††††††† 1985 Chevrolet 3/4 Ton Truck

(1)††††††††††††††† 1980 Ford Dump Truck

(1)††††††††††††††† 1981 Maulion 3000 W V-Roller

 

EQUIPMENT, SUPPLIES, ETC.

 

(1)††††††††††††††† 3-Point Hitch Reel Mower

(1)††††††††††††††† Imagewriter Printer for MacIntosh

(1)††††††††††††††† Hunter "Spin Type" Wheel Balancer

(1)††††††††††††††† Panasonic Copier

(1)††††††††††††††† Side Mower "Mott"

(2)††††††††††††††† Single Axle Trailer Frames

(1)††††††††††††††† IBM PS/2 8550 Computer

(1)††††††††††††††† Hard Drive and Board

(1)††††††††††††††† Tandy 12 HD Computer

(1)††††††††††††††† IBM PS/2 Dual Async Adaptor/A

(1)††††††††††††††† Epson Monochrome

(1)††††††††††††††† Magnavox RGB Monitor

(1)††††††††††††††† Adds Monochrome Monitor

(1)††††††††††††††† Samsung Color Monitor

(1)††††††††††††††† IBM Electric Typewriter

(1)††††††††††††††† Metal and Wooden Table

(3)††††††††††††††† Desk Top Organizers

(1)††††††††††††††† IBM QuietWriter III Printer

(1)††††††††††††††† Com 2000 PCI Telephone Machine

(1)††††††††††††††† Harris Facsimile Machine

(11)†††††††††††††† Desk Chairs

(1)††††††††††††††† Printer Stand

(2)††††††††††††††† IBM 5150 Computers

(1)††††††††††††††† IBM Color Monitor

(2)††††††††††††††† Computer Keyboards (Tandy & AST)

(1)††††††††††††††† Two-Sided Bookcase w/Top

(1)††††††††††††††† Heavy Punching Bag

(1)††††††††††††††† Motorola Cellular Bag Phone

(1)††††††††††††††† CPU Keyboard

(2)††††††††††††††† Bicycle Trunks - Orange

(3)††††††††††††††† Metal Shelves for Full Size Desk

(3)††††††††††††††† Desks with Typewriter Drawer

(3)††††††††††††††† 4' x 8' Tumbling Mats - Orange

(1)†††††† ††††††††† "Everlast" Large Box Bag

(2)††††††††††††††† Pair Boxing Gloves

(2)††††††††††††††† Pop-Up Target Boxes - Military Type

(1)††††††††††††††† IBM Typewriter

(1)††††††††††††††† Computer Table

(2)††††††††††††††† Swivel Desk Chairs

(1)††††††††††††††† Speed Punching Bag w/Accessories

(3)††††††††††††††† Office Desk

(3)††††††††††††††† Tumble Mats

(1)††††††††††††††† #5000 Ammco Brake Lathe

(1)††††††††††††††† Front End Alignment Tool Set w/4 Stands

(1)††††††††††††††† 3 Phase Large Fan Squirrel Cage

(2)††††††††††††††† "Bead-Up" Brand Tire Bead Seaters

(8)††††††††††††††† Traffic Counters

(1)††††††††††††††† Vehicle Radio

(1)††††††††††††††† Sears 10' Table Saw

(1)††††††††††††††† Sears 10' Radial Saw

(1)††††††††††††††† Wayne Team Cleaner

(1)††††††††††††††† Sears 10' Meter Saw

(1)††††††††††††††† Miscellaneous Office Supplies & Equipment

 

2.†† That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

 

3.†† That the public auction is to take place on Saturday, November 12, 1994 at 10:00 a.m. at the Municipal Operations Facility, 1099 Airport Road.A rain date of November 19, 1994 has been set, if needed.

 

4.†† That prior to the public auction the Purchasing Agent is authorized to dispose of any of this personal property by sale, lease, exchange, sealed bid, or transfer to other governmental units in conformity with N.C. General Statutes 160A-274.

 

5.†† That the terms of sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent.All sales shall be designated final on the day of the auction.

 

6.†† That all items shall be sold on an "as is" and "where is" basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

 

7.†† That it shall be a condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00 p.m. on the day of the auction.Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.

 

BE IT FURTHER RESOLVED that if any surplus property is not sold at the public auction, or sold, leased, exchanged or transferred to governmental agency, the Purchasing Agent is hereby authorized to sell said surplus property by private negotiated sale in conformity with N.C. General Statute 160A-267.

 

This the 24th day of October 1994.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE WITH THE CHAPEL HILL CAY CARE CENTER FOR USE OF THE MAIN FLOOR OF THE OLD LIBRARY BUILDING (94-10-24/R-7)

 

WHEREAS, the Chapel Hill Library has vacated the Town-owned building at 523 East Franklin Street; and

 

WHEREAS, the Council has advertised for proposals of ways to reuse the building; and

 

WHEREAS, the Council has decided that the temporary use by the Chapel Hill Day Care Center until the Center's new building is completed is appropriate; and

 

WHEREAS, the notice required by the General Statutes was published appropriately,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to execute a lease with the Chapel Hill Day Care Center for use of the main floor of the old library building, such lease to be substantially the same as that presented at the October 10 and October 24 Council meetings.

 

This the 24th day of October, 1994.

 

A RESOLUTION SCHEDULING A WORK SESSION ON NOVEMBER 30, 1994, TO DISCUSS POTENTIAL CHANGES IN TOWN SERVICES (94-10-24/R-8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a work session from 5:30 to 8:00 p.m. on Wednesday, November 30, 1994, in the meeting room at the Library, 100 Library Drive, to discuss potential changes to Town services.

 

This the 24th day of October, 1994.

 

 

A RESOLUTION REAFFIRMING THE COUNCIL'S SUPPORT FOR RESTRICTIONS ON EXTENSION OF PUBLIC WATER AND SEWER SERVICE INTO THE UNIVERSITY LAKE WATERSHED AND SUPPORTING A PROPOSED CLARIFYING CHANGE IN OWASA POLICY ON SUCH EXTENSIONS (94-10-24/R-9)

 

BE IT RESOLVED by the Town Council of Chapel Hill that the Council:

 

1.†† Reaffirms its support for restrictions on extension of public water and sewer service into University Lake watershed as an important means, along with land use controls, of restricting the long-term growth potential in this sensitive watershed.

 

2.†† Supports the proposed change in OWASA policy as submitted to the Council in agenda materials dated October 24, 1994.

 

This the 24th day of October, 1994.

 

A RESOLUTION REGARDING THE CULTURAL ARTS GROUP'S FALL 1994 PLANNING WORKSHOP (94-10-24/R-11)

 

WHEREAS, the arts and humanities enhance the lives of all citizens and affect every aspect of life; and

 

WHEREAS, Chapel Hill, Carrboro and Orange County have a well established community of artists, performing artists, and arts organizations; and

 

WHEREAS, the Chapel Hill Town Council supports the arts and the humanities and the enrichment of the cultural life of the community; and

 

WHEREAS, the United States Conference of Mayors passed a Resolution in June, 1994, to support and to encourage communities across America to involve the arts in the fight to overcome today's social problems and to involve the arts as a partner in job creation and rebuilding local economies; and

 

WHEREAS, the Cultural Arts Group of Chapel Hill, Carrboro, and Orange County has requested financial support and participation from the Town of Chapel Hill and other local governments and the Public Private Partnership, for the purpose of sponsoring a half day workshop forum for local arts organizations, including the Chapel Hill Public Arts Commission, representatives of local artists, performing arts groups, local cultural organizations and local governments to initiate the process of establishing a community vision for the future of the arts, planning and coordinating the cultural arts activities in Orange County and establishing a means for networking with surrounding arts communities in Durham, Wake, Chatham, Alamance, Person and Chatham counties; and

 

WHEREAS, the Council of the Town of Chapel Hill supports the mission of the Cultural Arts Group to encourage and support the process of long-range planning and cooperation of groups and individuals concerned with arts and cultural activities in Chapel Hill, Carrboro, and Orange County; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to pay the costs of mailing expenses for the Cultural Arts Group's Fall 1994 Planning Workshop to be held at Chapel Hill Town Hall on a Saturday during the Fall of 1994.The amount of the funding provided by the Town for this purpose not to exceed $300.The Town's Public Arts Commission may assist in the coordination of planning and hosting this program at Town Hall.

 

This the 24th day of October, 1994.

 

 

A RESOLUTION OF THE CHAPEL HILL TOWN COUNCIL REQUESTING RELEASE OF STATE ECONOMIC DEVELOPMENT FUNDS TO THE TRIANGLE J COUNCIL OF GOVERNMENT (94-10-24/R-12)

 

WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the state; and

 

WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and

 

WHEREAS, the 1994 General Assembly recognized this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and

 

WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and

 

WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and

 

WHEREAS, in Region J funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the release of its $3,060.79 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 321, Senate Bill 27, section 39 of the 1994 Session Laws.

 

This the 24th day of October, 1994.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO AMEND THE SCHEDULE FOR TROLLEY SERVICE, AND TO WORK WITH THE CHAPEL HILL/CARRBORO DOWNTOWN COMMISSION TO PROVIDE AN ADDITIONAL PROMOTION OF THE TROLLEYS (94-10-24/R-13)

 

WHEREAS, the Town of Chapel Hill operates public transportation services within the Town of Chapel Hill; and

 

WHEREAS, the Chapel Hill/Carrboro Downtown Commission currently contracts with the Town for certain services in the downtown area including the operation of trolley shuttle service; and

 

WHEREAS, the Town would like to improve the productivity of this trolley service.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to amend the trolley schedule and to work with the Chapel Hill/Carrboro Downtown Commission to implement a marketing plan for increased use of the trolleys.

 

This the 24th day of October, 1994.

 

There were no questions on information reports and no need for a closed session.The session concluded at 10:07 p.m.


††††††††††††††††††††††††††††††††††††††††††††††† AGENDA #11a

 

†††††††††††††††††††††††††††† MEMORANDUM

 

TO:†††††† Mayor and Council

 

FROM:†††† W. Calvin Horton, Town Manager

 

SUBJECT:Minutes of October 10, 24, and November 2, 1994

 

DATE:†††† November 28, 1994

 

Attached are minutes of the Council's October 10th and 24th regular meetings and the November 2nd public hearing/work session concerning the proposed Meadowmont development.